Bunch v. Eason

MUSSELL, J. This is an action brought by the plaintiff to recover damages for personal injuries received by him in an accident which occurred on Colton Avenue, a 56-foot wide, paved, three-lane highway, running between the cities of San Bernardino and Colton. The center of the highway, or passing lane, was 16 feet wide and the other two lanes were each 20 feet wide, and although the highway runs somewhat diagonally, insofar as compass directions are concerned, it was considered during the trial that it ran north and south; north being toward San Bernardino and south toward Colton. Near the scene of the accident and on the east side of Colton Avenue was a café, known as “Maxine’s” and the highway at this point was bounded by concrete curbings, containing two openings on the east side for driveways to the café. The highway was wet and apparently it had just stopped raining.

Defendant Bason, accompanied by some friends, was driving south on Colton Avenue approaching “Maxine’s” Café, which was on his left or opposite side of the highway. He was traveling in the outer or west lane of Colton Avenue. To his rear and traveling south in the same lane was a Plymouth coupé occupied by Frank Draper, as driver, and plaintiff, Forest H. Bunch, as passenger. The Plymouth was owned by plaintiff Bunch. Upon approaching defendant Bason’s vehicle, Draper pulled over. to the center or passing lane preparatory to passing the Bason car and gave a “little honk” as a warning. Suddenly, without any signal or other indication of his intention to do so, defendant Bason turned left from the west lane on Colton Avenue toward the driveway of the café. Draper, in an attempt to avoid contact with the [847]Bason car, turned to the left and the rear bumper of the Bason vehicle caught and hooked the front bumper of plaintiff’s Plymouth, dragging the latter on across to the east side of Colton Avenue. Defendant Eason’s car came to a stop with its front wheels just on or over the east curb line of Colton Avenue and approximately at right angles to the curb line with the caught and hooked Plymouth directly behind it.

All of the parties alighted from the two cars and entered the café with the exception of Draper and Eason, who proceeded to discuss the accident, and plaintiff Bunch, who went up to the front end of his Plymouth and noticed that the front grille was damaged. Bunch saw Draper and Eason on the other side of the hooked cars and heard them talking, but did not hear what was said. He saw a fuse type flare which had been placed in the east lane of Colton Avenue, about 150 to 200 feet south of where the two vehicles had stopped and he then attempted to pry the bumpers of the two cars apart. He was so engaged about a minute, when he found it was too heavy to do alone. He called to Draper to help, and then Draper yelled “look out.” Plaintiff looked up and back and immediately was struck by a northbound car operated by defendant Olson, who was intoxicated at the time. Plaintiff was struck by the Olson ear about three minutes after the defendant Eason first had turned his car to the left in front of the Plymouth. Plaintiff received severe injuries and the instant action was brought against defendant Olson and defendant Eason to recover damages therefor. A jury trial resulted in a verdict against both defendants. Eason alone has appealed from the ensuing judgment.